Munoz-Estrada, Pedro v. Wall, Edward et al
Filing
6
ORDER on ifp request: Plaintiff to submit Trust fund account statement. Trust Fund Account Statement due 12/16/2014. Signed by Magistrate Judge Peter A. Oppeneer on 11/25/2014. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PEDRO A. MUÑOZ-ESTRADA,
Plaintiff,
ORDER
v.
Case No. 14-cv-791-wmc
EDWARD F. WALL, ET AL.,
Defendants.
Plaintiff Pedro A. Muñoz-Estrada, a prisoner in the custody of the Wisconsin
Department of Corrections, has filed a proposed civil complaint. Plaintiff requests leave to
proceed without prepayment of the filing fee.
To the extent plaintiff wishes to proceed
without prepaying the filing fee, and because plaintiff is incarcerated, plaintiff must comply
with the Prisoner Litigation Reform Act (PLRA). The PLRA requires plaintiff to submit a
certified copy of plaintiff’s inmate account statement (or institutional equivalent) for the sixmonth period immediately preceding the date of the complaint. 28 U.S.C. § 1915(a)(2).
Although plaintiff submitted an inmate trust account statement, the statement was not
certified.
For this case to proceed, plaintiff must submit a certified inmate account statement no
later than December 16, 2014. If plaintiff is found to be indigent, I will calculate an initial
partial payment amount that must be paid before the court can screen the merits of the
complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the
balance of the filing fee in installments. If plaintiff does not submit a certified, six-month
inmate account statement, I will assume that plaintiff wishes to withdraw this action
voluntarily.
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ORDER
IT IS ORDERED that plaintiff Pedro A. Muñoz-Estrada may have until December 16,
2014 to submit a certified trust fund account statement for the period beginning
approximately April 2, 2014 and ending approximately October 2, 2014. If, by December
16, 2014, plaintiff fails to respond to this order, I will assume that plaintiff wishes to
withdraw this action voluntarily. In that event, the case will be closed without prejudice to
plaintiff filing the case at a later date.
Entered this 25th day of November, 2014.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge
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